Your Legal Rights in an Automobile Collision

When there is an automobile accident, a truck accident, a motorcycle accident or a bicycle accident, you have two (2) potential and unique claims: PROPERTY DAMAGE and PERSONAL INJURY. The two (2) claims can and often are handled separately.

PROPERTY DAMAGE

Property damage may include physical damage to your vehicle, to damage to any property you may have had in your vehicle such as a child car seat, and to other ancillary property that was damaged in the accident, such as the tires.

Under California law, drivers are required to have at least $5,000.00 of property liability coverage. The measure of recovery for property damage is the market value of the property, the cost of repairs, loss of use until repair or replacement.

Claims for property damage must be settled or a lawsuit filed within three (3) years of the accident. California Code of Civil Procedure section 338.

PERSONAL INJURY

YOUR HEALTH SHOULD BE YOUR PRIORITY. It’s beneficial to your health and your case to seek medical attention to determine your injuries.

Personal injury claims include injury to your personal body, emotional distress and psychological trauma. Most often, it is your medical providers from whom you’ve sought treatment who will provide documentation of the nature and extent of your injuries. Insurance companies will want to see the relevant medical records and medical bills for the reasonable and necessary medical care you had to obtain for your injuries from the accident. When in doubt, do not wait. Go see you medical doctor for a check up as soon as possible.

Under California law, drivers are required to have at least $15,000.00 of bodily injury coverage. Because of this low limit, it is highly recommended that you protect yourself by purchasing Uninsured/Underinsured Motorist (UM/UIM) coverage through your own automobile liability policy. UM/UIM protects you not the uninsured or underinsured driver!

Under California law, claims for personal injury for able adults must be settled or a lawsuit filed within two (2) years of the accident. California Code of Civil Procedures section 335.1.

Statute of limitations for the disabled and minors are more complex and will require a more in-depth discussion to determine the applicable statute of limitations.

CALL Oakland injury lawyer Suizi Lin, proud champion of the rights of people, to learn of and protect your rights in these matters

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